Loading...
1938 September Council ProceedingsRegular Session, September 5th, 1938 201 City Council (Official) Regular Session, September 6th, 1938. No members of the Council be• ing present on roll call the meet- ing was postponed subject to call. J. J. SHEA, City Clerk. Approved ..................................1938. Adopted ....................................1938. Councilmen: 1 ...................................... Attest :.........:...................................... City Clerk, City Council (Official) Adjourned Regular Session, Sep- tember 6th, 1938. Council met at 7:45 P. M. Present-Mayor Clark, Council• men Murphy, Thompson, Van Duel- man, Wharton, City Managet• Rhomberg, Mayot• Clarlc stated that this meeting is an adjourned meeting of the regular meeting of Septem- ber 5th, 1938, for the purpose of acting upon such business as may properly come before a regular meeting of the City Cauncll. Councihuau Wharton moved that the rules be suspended for the purpose of allowing any ono pre- sent in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Van Duelman. Carried by the fol• lowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. A new American Flag was pre- sented to the City Council by offi- cers and members of the Mary Agard Tent, Daughters of Union Veterans of the Civil War. Mayor Car] A. Clark accepted the flag ou behalf of the City and extended the thanks of the City Council and other City officers for the gift. Mr. H• J. Hazewinkel, represent- ing the Dubuque Trades and Labor Congress, addressed the Council re- questing that union labor be em- ployed when possible on any Public Works Adntinistt•ation projects sponsored by the city government and also requesting that steps be talten to insure all possible safety measures in the construction of said work, Mayor Carl A, Clark stated, with al] members of the Council agree- ing, that the Council would cooper- ate as far as possible under P. W. A. regulations for the employment of union labor on projects spon- sored by the City of Dubuque. Mr. Frank Hardie, representing the Dubuque Poster Advertising Co., addressed the Council request- ing that the ordinances be changed in order to allow the erection of signs and signboards in various parts of the City of Dubuque. Council advised Mr. Hardie that this request must be presented to the Council in writing. Mr. Guy C. Spero addressed the Council requesting that the alley firsC west of Grandview Avenue 202 Adjourned Regular Session, September 6th, 1938 running between Pert•y Street and Bradley Street be graded. Councilman Van Duelman moved that the request he referred to the City Council to view the grounds. Seconded by Councilman Thomp- son, Carried by the following vote: Yeas-Mayor Clark,, Councilmen Murphy, Thompson, Van Duelman, Wharton,. Nays-None. Mr. Bart Kane addressed the Council making inquiry as to what action had been taken on their former petition in which they re- quested that the two blocks on Rush Street which were not taken care of when the other portion of the street tvas repaired, be given immediate attention as the dust is unbearable. Council advised Mr. Kane that they would view this request on Friday afternoon. Mr. Nick Grommersch addressed the Council requesting that Sabula Street be extended as asked for in a former petition and also that Valeria Street adjoining his pro- perty be repaired. Council advised Mr. Grommersch that they would view his requests on Friday afternoon, Petition of Robert. E. Miller t•e- questing the City Council to view the grounds as to the vacation of Charles Street and also as to the sale of Lot 37 in South Park Hill Addition, presented and read. Mr. Nick Grommersch addressed the Counci] stating that he object- ed to the vacation of Charles Street as asked for in the petition of Mr. Robert E. Miller. Councilman Wharton moved that the petition be referred to the Council to view the grounds as re- quested. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of Ralph F, and Mrs, Howe requesting permission to use part of their home, with an addi- tion thereto, to serve as a small grocery store on their property known as 1028 Walnut Street and described as the northerly 68 feet of Lot 15 and the northerly 68 feet of the westerly 36 feet of Lot 16 in Farley's Subdivision, present- ed and read. Councilman Thompson moved to refer the petition to the Planning and Zoning Commission for their recommendation and report. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of Grace S. Faig, refet•- t•ed to the City Council by the Board of Supervisors, requesting suspension of the 1937 taxes on Lot 1 of Sub. 1 of Ral, of City Lot 735 and Lot 1 of Sub. 1 of Pt. of City Lot 735A, presented and read. Councilman Murphy moved to refer the petition to the City So- licitor for investigation and report. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas-Mayot• Clark, Councilmen Mutphy, Thompson, Van Duelman, Wharton. Nays-None, Petition of Wm. Olanosky re= questing an adjustment of the pen- alty charges on the delinquent spe• cial assessments levied against the North one•fifth and the Not•th half of the North middle one-fifth of City Lot 442 for the paving of Cen- tral Avenue, presented and read, Councilman Murphy moved to re- fer the petition to the City Man- ager and City Treasurer for inves- tigation and report. Seconded by Councilman Wharton, Carried by the following vote: Yeas-Mayor Clarlc, Councilmen Murphy,, Thompson, Van Duelman, Wharton. Nays-None, Petition of Mrs. Lawrence F. Dil- lon, et al, requesting the City Coun- cil to order the reconditioning and surfacing of the gutters on South- ern Avenue from No. 388 Southern Avenue to No. 248 Southern Aven- ue to the storm sewer opening, pre- sented and read. Councilman Thompson moved to refer the petition to the City Coun- cil to view the grounds. Seconded by Councilman Mut•phy. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None Resolution No, 88--38 RESOLUTION AND APPLICA- TION FOR TDMPORARY TRANSFER OF FUNDS Whereas, the City of Dubuque has established and is maintain- ing aSinking Fund far the pur- pose of providing for the payment of Water Works Bonds, principal and interest, as they respectively mature and there has accumulated in said fond as of August 30, 1938, the sum of $216,844,43, all of which has been realized from receipts in Adjourned Regular Session, September 6th, 1938 203 the operation of such Water Works and not from the levy of any tax• es; and Whereas, there are outstanding Water Works bonds in the sum of $209,000AO, the maturities of which are as follows: On Apt•il 1st, 1939 ..............$39,000.00 On April 1st, 1940 .............. 35,000.00 On April 1st, 1941 .............. 40,000,00 On April 1st, 1942 .............. 32,000.00 On April 1st, 1943 .............. 35,000.00 On April 1st, 1944 .............. 28,000.00 and Whereas, there is more than suf- ficient money in said Sinking Fund at this time to pay all bonds, prin- cipa] and interest, up to and includ• ing the bonds which mature in 1943; and Whereas, there has been execut- ed and filed an application on be• half of the City of Dubuque, to the United States of America, for a grant of $67,500.00 to aid in financ- ing the construction of necessary improvements to the Water Works System, at an estimated cost of $150,000.00, and Whereas, such application for a grant of $67,500.00 is conditioned upon the expenditure of $82,500.00 on the part of the City of Dubuque, Iowa, from the Water Wot•ks Gen- eral Fund, and Whereas, there is in said Water Works General Fund, as of August 30, 1938, the sum of $44,910.76, which amount is insufficient to fi- nance the 55 per centum of the proposed construction of improve- ment to the Water Works System, and also to maintain the Water Works Utility; now therefore, Be it resolved by the City Coun- c11 of the City of Dubuque that subject to the approval of the State Comptroller, there be and there is hereby temporarily tranferred from the Water Worlcs Sinking Fund to the Watet• Works General Fund the suet of $40,000.00 such sum to be used only for the pur- pose of paying costs of construc- tion of Improvements to the Water Works System as are required to be borne by said City pursuant to rules and regulations of the Dmergency Administration of Pub• lic Works and that the Clerk and Auditor be,. and they are hereby directed to adjust their books to conform to such transfer. Be it further resolved that, the sum thus temporarily transferred be returned to the Water Works Sinking Futtd on or before March 31st, 1940, partial payments to be made each month from the reven- ues of the Water Works General Fund and such revenues are hereby irrevocably pledged far the purpose of repaying such temporarily trans- ferred funds. Passed, adopted and approved this 30th day of August, 1938, CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO, R. MURPHY, F• W. THOMPSON, Councilmen, Attest: J. J. SHEA, City Clerk. APPROVAL The above and foregoing Reso• lution and Application for Tempor- ary Transfer of Funds is hereby approved this 31st day of August, 1938, subject to the provisions above noted. C, B. MURTAGH, Slate Comptroller. Councilman Murphy moved that the approval of State Comptroller Murtagh be made a matter of rec• ord. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas-Mayor Glark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Council Proceedings far the month of July, 1938, presented far approval. Councilman Thompson moved that the Council Proceedings fot• the month of July, 1938, be ap• proved as printed. Seconded by Councilman Murphy, Carried by the following vote: Feas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. ORDINANCE 22-38. Au Ordinance amending Ordinance No. 3-34, Zoning Ordinance of the City of llubuque, Iowa, and chang- ing the Zonmg map of the City of Dubuque, as provided for by said Ordinance 3-34, designated as "Zon- ing Ordinance of the City of Du- buque, I'owa," by amending Section 1, Use Regulations of Article IV of said Ordinance No. 3-34, multiple resi- dence district, by adding thereto an additional paragraph prescribing an additional purpose for which build- ings within a certain prescribed area, in said multiple residence district, may be used and declaring an emer- gency, said ordinance having been passed upon first and second read- ings on August 30th, 1938, presented and read a third time. ORDINANCE 22-38. An Ordinance amend[ng Ordinance No, 3-34, Zoning Ordinance of the City of Dubuque, Iowa, and chang- ing the Zoning map of the City of Dubuque, as provided for by said Ordinance 3-34, designated as "Zon- ing Ordinance of the City oY Du- buque, Iowa," by amending Section 1, Use Regulations of Article IV of said Ordinance No. 3-34, multiple resi- dence district, by adding thereto an III ~~ i~ ', i ~' !^, ~, i~ u i i 204 Adjourned Regular Session, September 6th, 1938 additional paragraph prescribing an additional purpose for which build- ings within a certain prescribed area, in said multiple residence district, may be used and declaring an emer- gency. WHEREAS, upon the recommenda- tion of the Planning and Zoning Commission, it is deemed advisable by this Council to amend the Zoning Ordinance of the City of llubuque, and change the zoning map of the City of Dubuque, provided for by Or- dinance No. 3-34, designated as, "'CONING ORDINANCE OF THE CITY OF DUBUQUE", by changing the zoning map of the City of Du- buque as provided for by the zoning ordinance of the City of Dubuque, Iowa, entitled, "Ordinance No. 3-34", by amending Section 1, Use Regulations of Article IV of said Or- dinance No. 3-34, multiple resi- dence district, by adding thereto an additional paragraPlt prescribing an additional purpose for which build- ings within a certain prescribed area in said multiple residence district may be used, and, WHEREAS, notice of such pro- posed change has been published as provided by law, and an opportunity has been afforded to all interested parties to object thereto at a public meeting held on August 30, 1938, and WHEREAS, certain tax-payers ap- peared at said meeting and filed and presented objections to said amend- ments and changes jn said Zoning Ordinance, and nere given an oppor- tunity to be heard upon said objec- tions, and, after a full and complete discussion, said objections were over- ruled and ordered received and filed. NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DL'- BL'QUE, IOWA: Paragraph 708, Section 1 That the Zoning Ordinance of the City of Dubuque, Iowa, designated as, "Ordinance 3-34", and the zoning map of the City of Dubuque, be, and the same are hereby amended and changed as follows: (a) By amending Section 1 of Ar- ticle IV, of said Zoning Ordi- nance relating to Use Regula- tions of multiple residence dis- tricts, and changing the zon- ing maP to conform therewith, as follows: (1) By striking paragraph (i) of said Section 1 of Article IV of said paragraph, and inserting in lieu thereof, the following: "(i) Funeral Home and Mortuary within the following designat- ed multiple family residence districts in the area bounded by the North property line of Dodge Street, and the North Prenerty line of the North side of Seventeenth Street and West Seventeenth Street, and the West uropertY line of the lots adjarent to and abutting the Westerly side of Bluff Street. and the East nrnnertY line of the lots ad.iacent to and abut- ting the Easterly side of Cen- tral Avenue." (2) Rv arldine to said Section 1 of Article iV, a new naraeranh, designated as, na.ragranh (jl, as follows: °(i) Accessory uses nn the same lot cnstnmarily incident to anv of the above permitted uses." 'a t .'a d -^ i :~ 1 ,~ i Paragraph 709, Section 2 This Ordinance being deemed urg- ent and of immediate necessity, shall be to force and effect from and after its final passage, adoption and ap- proval by the City Council, and pub- lication as provided by law. Passed upon first and second read- ings this 30th day of August, 1938, Passed, adopted and approved this 6th day of September, 1938. CARL A. CLARK, Mayor. FRANI{ VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F, W, TI30MPSON. Attest: J. S. SHEA, City Clerk, Published officially in the Tele- graph-Herald newspaper, September 8th, 1938, J. J. SHEA, 9-8-1t City Clerk. Councilman Valt Duelman moved the adoption of the ordinance. Sec• onded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Clark,, Councilmen Mttrphy, Thompson, Van Duelman, Wharton, Nays-None. ORDINANCE N0. 23-38 An Ordinance providing for writ- ten agreements behveen the City of Dubuque, Iowa, and members of the Police and Fire Departments of the City of Dubuque, Ioe•a, who have cattributed to the Pension Funds of their respective Departments, and the surviving dependents of the deceased members of said Police and Fire De- partments who have so contributed; and providing the form of written Certificate of Agreement and the is- suance and delivery thereof, as well as bindng the City of Dubuque, Iowa, to carry gut the terms and pro- visions of said Certificate of Agree- ment, said Ordinauce having been passed upon first and second readings on August 36th, 1938, presented and read a third time, ORDINANCE N0. 23.36 An Ordinance providing far writ- ten agreements between the City of Dubuque, Iowa, and members of the Police and Fire Departments of the City of Dubuque, Iowa, who have contributed to the Pension Funds of their respective Departments, and the surviving dependents of the deceased members of said Police and Fire De- partments who have so contributed; and providing the form of written Certificate of Agreement and the is- suance and delivery thereof, as well as binding the City of Dubuque, Iowa, to tarty out the terms and pro- visions of said Certificate of Agree- ment. WHEREAS, by the provisions of Section 19, of Senate File No. 295, enacted by the Fotty-Fifth General Assembly, Special Session, of the State of Iowa (Chapter 75 of the Laws of the Forty-Fifth General As- sembly-Extraordinary Session), now compiled and designated as Section 6323 of the Code of Iowa of 1935, the provisions of which are applicable to the City of Dubuque, Iowa, the City of Dubuque is bouhd and obli- gated to guarantee that the rate of Payment and contribution made by the individual members of the Po- lice and Fire Departments of the City of Dubuque, Iowa, to the re- ourned Regular Session, September 6th, 1938 208 spective pension funds of said De• partments, prior to and at the time of the enactment and effective date of Section 19, of Senate File 295, designated as Chapter 75, of the Laws of the Forty-Fifth General As- sembly-Extraordinary Session, now compiled and known as Section 6323 of the Code of Iowa of 1935, shall not be increased, and to guarantee that the present and prospective rights and benefits provided for by said respective pension systems, and by the provisions of Chapter 322 of the Code of Iowa of 1931, relating thereto, shall not be abridged or les- sened, and to guarantee to all mem- bers of said respective Police and Fire Departments, so contributing. and to the surviving dependents of the deceased members of said De- partments who have so contributed, all of the rights and benefits, present and prospective. in such pension sys- tem, and, WHEREAS, by the provisions of said Chapter 75 of the Laws of the Forty-Fifth General Assembly-Ex- traordinary Session, now compiled and designated as Section 6323 of the Code of Iowa of 1935, the City of Dubuque is authorized to enter into an agree- ment, evidencing said guaranties and obligating said City to carry out the same, and, WHEREAS, tt is deemed expedient and for the best interests of the City of Dubuque and for the maintenance and advancement of the morale of the members of the Police and Fire Departments eP the City that said agreement be entered into, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: PARAGRAPH 710, Section 1. That, in order to comply with the provisions of Chapter 75 of the Laws of the Forty-Fifth General Assem- bly-Extraordinary Session, compiled and codified as Section 6323 of the Code of Iowa of 1935, the provisions of which are applicable to the City of Dubuque, Iowa, au agreement shall be entered into by the City of Dubuque, Iowa, with each of the fol- lowing named persons who have con• tributed and/or are now contributing to the Firemen's or Policemen's Pen- sion Fund and/or surviving depend- ents of such contributors as defined by Section 6315 of the Code of Iowa of 1931, and amendments thereto, to-mit: Policemen and Women Naw Con• trlbuting to the Pension Fund: Alt- man, Albert; Anthony, Paul; Andre- sen, Wilfred; Brady, John; Rriet- haupt, Ernest; Callahan, Hugh; Car- roll, William; Connolly, Thomas; Daily, Edward; Deluhery, Edward Derreberry, John; Dolan. John; Dona- hue, John; Ehlers, ATicholas; Giellis, John lV.; Gilligan, George; Horsfall, Ray; I{one, Eldon; Livermore, Oscar; Lucas, Percy; Matz, Frank; Noel, Al- fred; Peters, Charles; Post, Charles; Stoltz, George; Stratton, William; Strub, Joseph; Sullivan, Clarence; Trentz. William; Voels, Fred; Vos- berg, Edward; WeItL Ddward: White, Laverne; 1Vhitfield, Edwin; Williams, Franlr. Policemen and Women and Depend- ents of Deceased Policemen Now Drawing Pensions: Aitchison, .Tames (Earl Aitchison, guardian); Aitchison. Robert (Earl Aitchison. guardian); Campbell, Mrs. Catherine; Campbell, John James (i4Irs. Catherine Camp- bell, guardian); Corcoran, Mrs. James; Dahl, Mrs, A.; Duggan, Thomas; Fox, Mrs, John; Fury, Pat- rick; Hibbe, klrs. Katherine; Lu- descher, Barney; McInerney, ,Mrs. Patrick; O'Brien, Mrs. John; O'Con- nor, Miohael; Ratterman, Gus; R3'an, Mrs. Michael; Seyler, Fred; Truher, Charles; Spielman, John. Firemen Now Contributing to the Pension Fund: Bennett, Mayhew; Benzer, Lestet^ Blaser, William; Brewer, Albert; Cahill, Martin; Casey, Patrick; Corzine, Chalmers; Cos- grove, Harold; Davis, George; Dono- van, Louis; Dougherty, Sames; Flick, Elwood; Fury, Martin; Gibson, Wil- liam; Goff, John; Hallahan, Leo; Han- ley, Terrance; Harker, David; Hick- son, Thomas; Higgins, William; Hock- ing, Herbert; Huftill, Fred; Saeger, Milian; Tochum, Charles; Kenneally, Frank; Kinsella, William; I{irch, Per- ry; I{luck, Vincent; Larson, Otto; Lonergan, Franlc; Lorenz, Chester; McCann, Johu; DlcCoy. Joseph; Mc- Manus. Patrick; Motsch Frank; Mur- ray, Thomas; Myers, William; Noonan, John; O'Connor. James; Roberts, Cyril; Ryan, William; Schadle, John; Slaght, Raymond; Stafford, Tohn; Stoltz, GVilliam: Tierney. Cerny; Walsh. Jahn: Wemett, Louis; Wie- neke. Fred; Woodward, Harvey. Firemen and Dependents of Deceased Firemen Now Drawing Pensions: Ahern, David; Baumgartner, Frank; Benzer, Mrs. Joseph; Cain, Mrs. Henry; Carnahy, Mrs. William; Carnaby, Mary Jane (Mrs, W. Carna- by, guardian); Connolly, Joseph; Daley, Mrs. J, F.; Ducy, William; Eitel, Mrs, Katherine; Fahey, Mrs. Martin; Flynn, John; Gehrke, George; Heer, Albert; Hipman, William; Hu- bacher, Mrs. Elmer; Kannolt, Wil- liam; Kelly, Michael; KepPler, Jo- seph; Kenneally, Mrs. Maude; Mc- Dermott, Mrs. Edward: McLean, Mrs. Agnes; Murphy, Mrs. Frank; O'Brien, Thomas; Ryder, Mrs. Julia; Smith, John; ,Smith, William; Sweeney, Michael. Paragraph 711, Section 2, There shall be printed Two Hundred (200) Certificates of Agreement to be worded as follows: Certificate of Agreement This indenture is to certify that the City of Dubuque, Dubuque Coun- ty, Iowa, by ordinance passed and adopted by the City Council on the - day of September, 1938, as authorized by law in Section 6323 of the Code of Iowa of 1935, here acknowledges and recognizes - as the surviving de- pendent, of - (widow or child) or, (strike out phrase not applicable) retired as an active contributor to the deceased Policemen's Firemen's Pension Fund of said City, and the said City agrees that in con- sideration of such past and/or future payments made from the salary of said contributor to said pension fund and the present and prospective bene- fits provided for by said pension sys- tem, the said City of Dubuque shall be and hereby is bound and obligated to carry out with said contributor and/or her/his surviving dependents as defined in Section 6318, Code of Iowa of 1931 and amendments thereto, the present and Prospective benefits provided in the Disabled and Retired 206 Adjourned 12egular Session, September 6th, 1938 Firemen and Policemen statutes of the State of Iowa, recited in Chapter 322, Section G310 to G323, inclusive, Code of Iowa of 1931, as amended by the Acts of the Forty-fifth General Assembly, Regular and Special Ses- sions, guaranteeing that the rate of said payments by said contributor shall not be increased and that said present and prospective rights and benefits shall not be abridged nor lessened, and that said rights and benefits shall be a direct charge on said City, Dated at Dubuque, Iowa, this - day of 1938. CITY OF DUBUQUE, By Mayor. ATTEST: City Clerk. I hereby certify that the records of the Fire Department which are in my Police custody, care and control as Secre- tary of said Department, show the following as to the time of service of as a member of said department: Secretary Dubuque Police Department Fire " Paragraph 712, Section 3 One such certificate properly num- bered and filled in to include the name of the contributor or of the surviving dependent as the case may be, and specifying the fund to which payments were or are now being made, shall he issued to each con- tributor hereinabove named, or if such contributm• be deceased, then to his surviving dependent ar depend- ents, if any, hereinabove named. Paragraph 713, Section 4 The City of Dubuque, Iowa is and shall be bound to carry out and to comply with all the terms and pro- visions of said certificate hereinabove provided for. Paragraph 714, Section 5 This Ordinance shall be in force and effect ten (10) days from and after its final passage, adoption and approval by the City Council, and publication as provided by law. Passed upon first and second read- ings this 30th day of August, 1938. Passed, adopted and approved this 8th day of September, 1938. CARL A, CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. ATTEST: J. J. SHEA, City Clerk. Published officially in the Tele- graph-Herald newspaper on the 8th day of. September, 1938. J. J. SHEA, 9-8-1t City Clerk. Cotmcilman Van Duelman moved the adoption of the ordinance. Sec- onded by Councilman Murphy, Car- ried by the following vote: Yeas-Mayor Clatk, Councilmen Murphy, Thompson, Van Duelman, Wharton. , Nays-None, Ordinance No, 24-38 An ordinance granting to Spahn and Rose Lumber Company, own- ers, its successors and assigns, the right to construct and maintain areaways above the sidewalk level or surface in Washington Street and in East Eighth Avenue, ad- jacent to and abutting the South one-half (S ~) of Lot Four Hun- Bred Fifteen (415) in the town (now city) of Dubuque, Iowa; and prescribing the conditions of said permit, said ordinance having been passed upon first and second read- ings on August 39th, 1938, present- ed and read a third time. ORDINANCE NO. 24.38 An ordinance granting to Spahn and Rose Lumber Company, owners, its successors and assigns, the right to construct and maintain areaways above the sidewalk level or surface in Washington Street and in East Eighth Avenue, adjacent to and abutting the South one-half (S~), of Lot Four Hundred Fifteen (415) in the town (now city) of Dubuque, Iowa; and prescribing the conditions of said per- mit. Ee it ordained by the City Council of the City of Dubuque: PARAGRAPH 715, Section 1 That Spahn and Rase Lumber Com- pany owners, its successors and as- signs, be, and they are, hereby grant- ed the right and authority to con- struct and maintain an areaway in Washington Street abutting the South one-half (S~) of Lot Four Hundred Fifteen (415) in the town (now city) of Dubuque, Iowa, said areaway to extend into said street from the build- ing upon said lot to the West curbing of Washington Street, and said area- way to be built or erected at a heighth of not less than twelve (12) inches, m• more than twenty-four (24) inches above the sidewalk level or surface of said street at said point, said areaway to be built of concrete and covered with an iron or steel grille, with a suitable or proper ramp extending from the top of said area- way to the sidewalk level on both the North and Soutlt sides of said areaway, the same to be used in con- nection with the use of the building upon said lot by the owners thereof, said structure to be built under the supervision of the Building Commis- sioner of the City of Dubuque, Iowa. PARAGRAPH 716, Section 'l That Spahn and Rose Lumber Com- pany, owners, its successors and as- signs be, and they are hereby granted the right and authority to construct and maintain two areaways in East Eighth Avenue, abutting the South one-half (Slh) of Lot Four Hundred Fifteen (415) in the town (now city) of Dubuque, Iowa, each of said area- ways to extend into said East Eighth Avenue far a distance of not more than two feet (2 ft.) from the build- ing upon said lot, and each areaway to be five feet (5 ft.) in length and to extend above the level or surface of the sidewalk on the North side of East Eighth Avenue, a distance of eighteen (1S) inches, said areaway to be built of concrete and covered with an iron or steel grille, and with a suitable or proper iron railing above said areaway, extending around the same and connecting with the build- ing upon said lot, said areaways to be used in connection with the use of said buildings upon said lot, and to be built under the supervision of the Adjourned Regttlar Session, September 6th, 1938 207 Building Commissioner of the City of Dubuque, Iowa. PARAGRAPH 717, Section 3 It is understood and provided that such right, license and permission, as hereinabove given in Sections 1 and 2 hereof to use said Washington Street and East Eighth Avenue far said areaways, is subject to the con- tinuous control of the City Council of the City of Dubuque, reserving the right in said City Council of the City of Dubuque to impose such restric- tions or conditimis upon the enjoy- ment thereof as may be reasonably necessary for the protection of the public interest, including the right to revolve and rescind such permis- sion, if, at any time the public in- terests should require such revocation. If, and when, such permit, right or license, is revoked by said City Coun- cil, said owners, its successors and assigns shall remove said areaways at its or their own expense, and re- store such part of said Washington Street or East Eighth Avenue as has been theretofore occupied to the same condition said streets were in prior to the construction of said areaways. PARAGRAPH 718, Section 4 Said Spahn and Rose Lumber Com- pany, its successors and assigns, shall agree, as a condition to the granting of the permit and privilege herein granted, and shall guarantee by the acceptance of the terms here- of, to fully protect and save the City of Dubuque harmless as to any claims, damages, or liabilities of any ]vind which may arise because of the con- struction and maintenance of said areativays, and any and all claims, damages or liabilities that may arise or be incurred by reason of the grant- ing of the privileges herein made, and in any suit which may arise or be in- stituted because of said areaways, said Spahn and Rose Lumber Com- pany, its successors and assigns, shall, at the direction of said City of Du- buque, make all necessary defense to said suit, and fully indemnify said city for any expenses or liabilities to which said City of Dubuque may be subjected because of said suit. PARAGRAPH 719, Section b This ordinance shall be in force and effect ten (10) days from and after its final passage, adoption and approval by the City Council, and publication, as provided by law, and the rights hereunder shall accrue to the said Spahn and Rose Lumber Company, its successors and assigns, when the provisions hereof have been accepted by them. Passed upon first and second read- ings this 30th day of August, 1938. Passed, adopted and approved this 8th day of September, 1938. CARL A. CLARK, Mayor, FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W, THOMPSON, Attest: J. J. SHEA, Councilmen, City Clerk, ACCEPTANCE BY OWNER Spahn and Rose Lumber Company, a corporation, owner in fee of Lot Four Hundred Fifteen (415) in the town (now city) of Dubuque, Iowa, does hereby accept the terms, pro- visions and conditions of the ordin- ance adopted by the City Council of the City of Dubuque, designated as: "Ordinance No. 24-38. An ordi- nance granting to Spahn and Rose Lumber Company, owners, its suc- cessors and assigns, the right to construct and maintain areaways above the sidewalk level or surface in Washington Street and in East Eighth Avenue, adjacent to and abutting the South one-half (S~), of Lot Four Hundred Fifteen (41b), in the town (now city) of Dubuque, Iowa;" this 12th day of September, 1938. SPAHN & ROSE LUMBER COM- PANY, Owner, By G. D, ROSE, President. By THOS. MAXWELL, Secretary. Published officially in the Tele- graph-Herald newspaper on the 14th day of September, 1938. J. J. SIiEA, City Clerk. 9-14-1t Councilman Van Dnehman moved the adoption of the ordinance. Sec- onded by Councilman Thompson, Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. August 30, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The matter of at- tached petition of Charles Miller requesting vacation of Charles Street which was referred to the Planning and Zoning Commission on August 17th by yottr honorable body received attention at a spe• vial meeting of the Commission August 29th and 30th. After due consideration, the Plan ping and Zoning Commission wish- es to recommend to the City Coun- cil denial of said petition of Charles Miller. The Commission agrees that Charles Street, between Broad- way Extension and Muscatine Street, is not a necessary street, bttt until such time as the City has plans for development of the area or a purchaser for the laud to be vacated together with the triangular city property ,directly south, there is no reason to go to the expense of changing the ordinance. Respectfully submitted, R. V. McKAY, Sec'y, Planning and Zoning Commission. Councilman Murphy moved that the communication of the Planning and Zoning Commission be t•efer- red to the City Council, Second• ed by Councilman Thompson, Car- ried by the following vote; Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. August 30, 1938, To the Honorable 1Vlayor and City Council, Dubuque, Iowa Gentlemen: At a special meet- 208 Adjourned Regular Session, September 6th, 1938 ing of the Planning and Zoning Commission held August 29th, it was unanimously agreed to recom- mend to your honorable body the approval of the Memorial Building project as planned by the Joint Memorial Building Committee pro- vided that it conforms to the Com- prehensive City Plan which has al- ready been adopted by ordinance and with special reference to the insert of Page 10 and accompany- ing references of said plan. Respectfully submitted, R. V. McKAY, Sec'y, Planning and Zoning Commission. Councilman Murphy moved that the communication of the Planning and Zoning Commission be re- ceived and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson. Van Duelman, Wharton. Nays-None. Communication of Board of Dock Commissioners advising Council that they are in receipt of a letter from Mr. H. B. Armour, Director of Division Operation, Works Pro- gress Administration, Des Moines, in which he deems it very urgent that the City acquire as soon as possible all property upon which the present W. P. A, river front improvement is now operating, pre- sented and read. Councilman Thompson moved to refer the communication to the City Council. Seconded by Coun- cilmen Wharton. Carried- by the following vote: Yeas-Mayor Clark,, Councilmen Murphy, Thompson Van Duelman, Wharton. Nays-None, Resolution No. 92-38 Whereas, applications for Class "B" Beer Permits have been sub- mitted to this Council for approval and the same have been examined: Now, therefore, Be it resolved by the Council of the City of Dubuque that the fol- lowing applications be and the same are hereby approved and it is ordered that the premises to be occupied by such applicants shall be forthwith inspected: CLASS "B" PERMIT Loyal Order of Moose, Dubuque Lodge No, 355 (Renewal), 1379 Central Avenue. Gust Billie, (Renewal), 605 Main Street, John A. Armstrong, (Renewal), 393 Main Street. George Nordin, (Renewal), 1106 Julien Avenue. Patrick R, Kennedy, (Renewal), 2412 Central Avenue. Viola Grode (Renewals), 16,43 Central Avenue, Geraldine Spielman & Frank Spielman, (Renewal), 1464 Central Avenue. Mrs, Margaret O'Brien (Transfer 04 address from 241 Main Street), 428 West Locust Street, Passed, adopted and approved this 6th day of September, 1938. CARL A. CLARK, Mayor, FRANK VAN DUELMAN, ALDERT WHARTON, GEO, R. MURPHY, F, W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution, Seconded by Councilman Thomp• son, Carried by the following vote: Yeas-Mayor Clark, Counci]• men Murphy, Thompson, Van Duel• man, Wharton. Nays-None. Resolution No. 93-38 Whereas, heretofore applications were filed by the within named ap• plicants for Class "B" Beer Per- mits and they received the ap• proval of this Council; and Whereas, the premises to be oc- cupied by them have been inspect- ed and found to comply with the ordinances of this City and they have filed a proper bond: Now, therefore, Be it resolved by the Council of the City of Dubuque that the Man- ager be and he is hereby directed to issue to the following named persons a Beer Permit, CLASS "B" PERMIT Loyal Order of Moose, Dubuque Lodge No, 355, (Renewal), 1379 Central Avenue. Gust Billie, (Renewal), 605 Main Street. John A. Armstrong, (Renewal), 398 Main Street. George Nordin, (Renewal), 1105 Julien Avenue. Patrick R, Kennedy, (Renewal), 2412 Central Avenue. Viola Grode, (Renewal), 1643 Central Avenue, Geraldine Spielman & Frank 'Spielman, (Renewal), 1464 Central Avenue, Mrs, 111argaret O'Brien (Transfer of address from 241 Main Street), 428 West Locust Strret. Be it further resolved that the bonds filed by such applicants be and the same are hereby approved, Adjourned Regular Session, September 6th, 1938 209 Passed, adopted and approved this 6th day of September, 1938, CARL A, CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO, R. MURPHY, F, W, THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution, Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas -Mayor Clark, Councilmen Mur- phy, Thompson, Van Duelman, Wharton. Nays-None. September 6, 1938. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: My attention has been called to the fact that Harold Neubauer, purchaser of Lot twenty- seven B (27B) of A. P, Wood's Ad-~ dition to the City of Dubuque, Iotiva, under a land contract enter- ed into by and between him and the City of Dubuque, has com- pleted all payments specified in said contract, together with inter- est thereon, and that said pur- chaser is now entitled to a quit claim deed from the city as epec• ied in said contract. I am, therefore, enclosing here- with a resolution authorizing the execution and delivery of a quit claim deed, to Harold Neubauer. I would recommend the adoption of the resolution, and the execu- tion and delivery of the deed here- with enclosed. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Murphy moved that the recommendation of City Solic- itor Nelson be approved. Seconded by Councilman Thompson. Carried by the fallowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None. Resolution No. 94-38. Whereas, pursuant to authority given by resolution of the City Council of the City of Dubuque, adopted on the 23rd day of Septem- ber, 1937, the Mayor and City Clerk of the City of Dubuque, did enter into an agreement and executed a land sales contract with one Hur- old Neubauer, purchaser, by the terms of which contract said City of Dubuque, sold under contract to the said Harold Neubauer, Lot Twenty-seven B (27B) of A, P. Wood's Addition to the City of Du- buque, Iowa, for the consideration of Four Hundred and no/100 ($400.00) Dollars, payable One Hundred ($100,00) Dollars upon the signing and delivering of the con- tract„ and the balance of Three Hundred ($300.00) Dollars with in- terest thereon at the rate of five (5) per cent per annum, payable in twelve (12) installments of Twen- ty-five ($25,00) Dollars, each, and, Whereas, the said Harold Neu- bauer, purchaser under contract of said property, has heretofore paid to the City of Dubuque all of the consideration recited in said con- tract, and al] of the purchase price of said property together with in- terest as provided in said contract, and Whereas, said Land contract so entered into provided by its terms that upon payment of said pur- chase price together with interest by said purchaser, the City of Du- buque would make, execute and de- liver to said purchaser, H a r o l d Neubauer, a quit claim deed con- veying all right, title and interest in said premises to the said Har- old Neubauer, purchaser. Now, therefore, Be It Resolved, that the City Council of the City of Dubuque, by Carl A, Clark, Mayor, and J, J. Shea, Clerk, re- spectively, of the City of Dubuque, be authorized, and they are hereby directed to make, execute and de- liver on behalf of the City of Du- buque, Iowa, to Harold Neubauer, a quit claim deed conveying and' transferring to the said H a r o l d Neubauer, all the right, title and interest to said City of Dubuque, in and to Lot Twenty-seven B (27B) of A, P, Wood's Addition to the City of Dubuque, Iowa, accord- ing to the recorded plat thereof, Be It Further Resolved by Said City Council, that the City Auditor of the City of Dubuque be, and he is hereby authorized to issue war- rant for the purchase of the re- quired documentary stamp for said deed. Passed, adopted, and approved this 6th day of September, 1938. CARL A. CLARK, Mayor, FRANK VAN DUELMAN, ALBERT WHARTON, GEO, R. MURPHY, F, W, THOMPSON, Councilmen, Attest: J, J. SHEA, City Clerk, 210 Special Session, September 8th, 1938 Councilman Thompson move d the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas-Mayor Clark, Councilmen Mm•phy, Thompson, Van Duelman, Wharton. Nays-None. There being no further business, Councilman 11lttrphy moved to ad- journ. Seconded by Councilman Vau lluelman. Carried by the fol- lowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. ' Nays-None. J. J. SHEA, City Clerk. APProved ..................................1938 Adopted ....................................1938 Councilmen: { ...................................... Attest :................................................ City Clerk, City Council (Official) Special Sessiou, September 8th, 1938, Council met at 7:05 P. M, Present-Mayor Clark, Council- men Murphy, Thompson, Vau Due]- tnan, Wharton. Meeting called 6y order of Coun• cilmen Van DueL•nan and Thomp• son. 11layor Clark read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of acting upon petitions requesting the City Council to call a Special Election to vote upon the follow- ing proposition: "Shall the City of Dubuque, Dubuque County, Iowa, is- sue bonds in the sum of $230,010.00 to cover the expense of the erect- ing and equipping of a Memorial Building under the Provisions of Chapter 33 of the Code of Iowa of 1935 and Amendments thereto?" and acting on any other business as may properly come before a regular meeting of the City Coun- cil, letitions containing the signa+ tut•es of 2,594 qualified electors of the City of Dubuque, Dubuque County, Iowa, requesting the City Council to call a Special Election and to submit to the electors of the City of Dubuquex to be voted upon by them at said Special Elec• tion the following 'proposition: "Shall the City of Dubuque, Du- buque County, Iowa, issue bonds in the sum of $230,010.00 to cover the expense of the erecting and equip- ping of a Memorial Building under the Provisions of Chaptet• 33 of the Code of Iowa of 1935 and Amend- ments thereto?" presented and read. Councilman Van Duelman moved to refer the petitions to the City Council fot• the purpose of detet•- mining the sufficiency thereof both as to form and number of sigua- tures, Seconded by Councilman Wharton. Carried by the follow- ing vote: Yeas-Mayor Clark, Councilmen Mm•phy, Thompson, Van Duelman, Wharton. Nays-None. Resolution No, 95-38 Whereas, on the 8th day of Sep- tember, 1938, there was filed in the office of the Clerk of the City of Dubuque, Iowa, a number of pe- titions purporting to contdin the names of 2594 electors of the City of Dubuque, requesting thet•ein that the following proposition be ecial Session, September 8th, 1938 211 submitted to the electors of sail city of Dubuque, at a special elec tion, to be called therefor, to-wit; "Shall the City of Dubuque, Du buque County, Iowa, issue bonds it the sum of $230,010.00, to covet the expense of the erecting and equipping of a memorial building under the provisions of Chaptet 33, of the Code of Iowa of 1935, and amendments thereto?" and, Whereas, such petitions were re• fm•red to the City Council for the purpose of determining the suffi• ciency thereof, both as to form and the number of signers thereon; and, Whereas, a canvas of said peti- tions within the limit of time al- lowed discloses that said petitions were signed by more than ten (10) per cent of the qualified electors of the City of Dubuque, Iowa, as shown by the poll list ih the last preceding regular municipal elec- tion; and, Whereas, the City Solicitor has advised this council that the peti- tions are in substantial compliance with the statute and contain a suf- ficient number of signatures to comply with the law; and, Whereas, said petitions have been filed with the distinct under- standing that the cost of erecting and equipping said Memorial Build- ing is to exceed the sum of $230,-, 010.00, the amount of the bonds proposed to be issued, and will approximate the sum of $418,- 200.00, and that the excess of said cost over and above the amount of bonds to be issued in ,accord- ance with the proposition to be submitted at said election is to constitute an award m• advance- ment from the Public Works Ad- ministration of the United States Government, and that it is with this undet•standing that said pe- titions are submitted to this Coun- cil; Now, therefore: Be it resolved by the City Coun• cil of the City of Dubuque: That a special election of the electors of the City of Dubuque, Iowa be held on the 6th day of October, 1938, at which election there shall be submitted to said electors to be voted upon by them at said election, the following proposition: "Shall the City of Dubuque, Du- buque County, Iowa, issue bonds in the sum of $230,010.00 to cover expense of erecting -and equipping a Memorial Building under the pro- visions of Chapter 33, of the Cade of Iowa of 1935, and amendments thereto?" Be it further resolved; that the City Clerk be, and be is, hereby directed to prepare notice of said election and cause the same to be published in a newspaper publish- ed in the City of Dubuque, Iowa, once each week for four (4) con- secutive weeks, the last publica- tion to be not less than five (5), or mare than twenty(20) days prior to such election, Be it further resolved that the City Clerk he, and he is, hereby directed to prepare the necessary ballots, to be used at said election, and to do all other things required by law for the holding of said spe- cial election, in the manner and form as required by law. Passed, adopted and approved, this 8th day of September, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F, W, THOMPSON, Councilmen, Attest: J. J. SHEA, City Clerk, Councilman Murphy moved the adoption oP the resolution, Second- ed by Councilman Thompson. Car- ried by the fallowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, There being no further business Councilman Murphy moved to ad• jodrn. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None. J. J, SHEA, City Clerk. APProved ..................................1938. Adopted ....................................1938, Councilmen: ~ ...................................... Attest :................................................ Cfty Clerk, 212 Special Session, City Council (Official) Special Session, September 20th, 1938. Council met at 2:30 P. M. Present-Councilmen Murphy, Thompson, Van Duelman,, Wharton, City Manager Rhomberg. Absent-Mayor Clark. Meeting called by order of Coun- cilmen Van Duelman and Wharton. Councilman Wharton moved that Councilman Murphy be appointed Mayor Pro Tem of the meeting. Seconded by Councilman Van Duel- man. Carried by the fallowing vote: Yeas -Councilmen Thompson, Van Duelman, Wharton. Nays-None. Absent Mayor Clark. Councilman Murphy not voting. Mayor Pro Tem Murphy read the call and stated that service there- of had been duly made and that this meeting- is called for the pur- pose of considering the petition of the Trustees of the property of the Chicago, Milwaukee, St, Paul & Pa+ cific Railroad Company requesting the vacation of certain streets and alleys and acting on any other bus- iness as may properly came before a regular meeting of the City Coun• cil, Original Notice of Suit of Orland Driscoll in the amount of $75.00 for personal injuries resulting from an automobile accident caused by a collision with an excavation in the street adjoining a manhole about 200 feet south of Barrett's store on Southern avenue, presented and read, Councilman Thompson moved to refer the Original Notice of Suit to the City Solicitor, Seconded by Councilman Van Duelman. Carried by the Following vote: Yeas-Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel- man, Wharton. Nays-I~ne. Absent=Mayor Clark. Original Notice of Suit of Dan Heitz in the amount of ,$35.00 for damages sustained to his car caused by a collision with an ex• cavation in the street adjoining a manhole about 200 feet south of BarreUt's store on Southern avenue, presented and read. Councilman Thompson moved to refer the Original Notice of Suit to the City Solicitor,. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Pro Tem Murphy, ember 20th, 1938 Councilmen Thompson, Van Duel• man, Wharton. Nays-None. Absent-Mayor Clark. Notice of Claim of Osweiler Van Service in Uhe amount of $80.00 for damages to their truck caused in striking a tree on Merz Street, presented and read. Councilman Thompson moved to refer the Notice of Claim to the Park Board far investigation and report. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas-Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel- man, Wharton. Nays-None. Absent-Mayor Clark. Communication of Local Chapter, No. 9, of Iowa State Policemen's Association thanking the City Council for the passage of the or- dinance which guarantees to them and their beneficiaries the pensions now established by law, presented and read, Councilman Van Duelman moved that the communication be re- ceived and filed.. Seconded by Councilman Wharton. Carried by the fallowing vote: Yeas-Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel- man, Wharton. Nays-None. Absent-Mayor Clark. Petition of Mrs. Lena Heer et al. requesting the City Council to in• vestigate the condition of the wood sheds on the Jerry Walser Estate at 357 East 12th Street, presented and read. Councilman Van Duelman moved to refer the petition to the City Manager and Building Commission- er for investigation and report, Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel- man, Wharton. Nays-None. Absent-Mayor Clark, Petition of Dubuque Musician's Protective Association requesting permission to hang's banner across Main Street, presented and read. Councilman Van Duelman moved that the t•equest be granted. Sec- onded by Councilman Thompson, Carried by the following vote: Yeas-Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel- man, Wharton, Nays-None. Absent-Mayor Clark. Petition of Senior High School Special Session, September 20th, 1938 213 requesting permission to hang a banner across Main Street, pre- sented and read. City Manager Rhomberg advising Council that on account of no Council meeting being scheduled that he had granted the request. Councilman Van Duelman moved that the action of City Manager Rhomberg be approved, Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Pro Tem Mut•pity, Councilmen Thompson, Van Duel• man, Wharton. Nays-None. Absent-Mayor Clark. Petition of Disabled Vetera-ns of World War requesting permission to conduct, the annual Forget-Me• Nat Drive on Saturday, October 8, 1938, Presented and read. Councilman Van Duelman moved that the request be granted. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel• man, Wharton. Nays-None. Absent-Mayor Clark, Petition of Anne T. Spensley, Agent, for Maria R. Spensley, Anne T, Spensley and Mary Alice Weir requesting au agricultural exemp- tion on Mineral Lot 138 for the years 1937 and 1938, presented and read. Councilman Wharton moved to refer the petition to Ube City So- licitor for investigation and report. Seconded by Councilman Van Duel- man, Carried by the following vote: Yeas-Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel- man, Wharton. Nays-None. Absent-Mayor Clark. Petition of W, J. Spensley et al, requesting that the Alley between Asbury and Finley on C h o r r y Street to the alley between Cherry Street and Green Street be graded, presented and read. Counci]man Wharton moved to refer the petition to the City Coun• cil to view the grounds. Seconded by Councilman Van Duelman, Car- ried by the following vote: Yeas-Mayor Pro Tom Murphy, Councilmen Thompson, Van Duel- man, Wharton. Nays-None. Absent-Mayor Clark. September 13, 1938, To the I3onorable Mayor and City Council, Dubuque, Iowa, Gentlemen: With reference to attached petition of Mr, and Mt•s. Ralph Howe, referred to Planning & Zoning Commission by you on September 12th, asking revision of Zoning Ordinance so Uhey may con- duct a grocery store on their property at 1028 Walnut Street, the Planning & Zoning Commission hereby recommends to your honor- able body that the present local business district extending 100 feet west, and 100 feet east of Walnut Street on Julien Avenue and back to a line corresponding with the center of Jefferson Street be ex- tended northward along the east side of Walnut Street to the mid- dle of alley between Jefferson Street and West Eleventh Street and to a depth of approximately 100 feet east of Walnut Street. (See plat attached.) This slight extension of an ex- isting local business district is not considered objectionable by the Commission being what may natur• ally be expected with f u r t h e r growth of tha residence district to ~be served by this local business district, This area is now a blight- ed residence one, and the trend will be toward local business in the future. R, V. McI{A,Y, Secretary, Planning & Zoning Commission. Councilman Van Duelman moved to suspend the rules for the pur- pose of allowing any one presenb in the Council Chamber, who wish- es to do so, to address the Council, Seconded by Councilman Thomp- son, Carried by the following vote: 4 eas-Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel- man, Wharton. Nays-None, Absent-Mayor Clark, Mr. and Mrs. Ralph Howe ad- dressed the Council stating that if the Zoning Map is amended and changed as requested by them that they intend to have all deliveries made in the alley, Councilman Thompson move d that the recommendation of the Planning and Zoning Commission be made a matter of record and that the City Solicitor be instruct- ed to prepare the proper proceed- ings. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel- man, Wharton, ATays-None, Absent-Mayor Clark. 214 Special Session, September 20th, 1938 September 12, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session, of the City Council, held September 6, 1935, the petition of William Olan- oslty requesting an adjustment on delinquent special assessments on the N. 1/5 of the N. 1/z of the N. M. 1/5 of Cihy Lot 442 for the pav- ing of Central Avenue, known as Fund 879,, was referred to the City Manager and the City Treasurer for investigation and report, We wish to reply that we have examined the status of this fund and recommend that your honor- able body instruct the Count y Treasurer to accept the principal amount owing plus interest and advertising costs, to dates of pay- ment, thereby waiving the pen- alties. Very truly yours, A. A. RHOMBERG, City Manager. 0. F, PULS, City Treasurer. Councilman Wharton moved that the recommendation of City Man- ager Rhomberg and City Treasurer Pule be approved and that the County Treasurer be instructed ac- cordingly. Seconded by Council- man Van• Duelman. Carried by the following vote: Yeas-Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel- man, Wharton. Nays-None. Absent-Mayor Clark. September 20, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I am submitting herewith reports of the City Audi- tor, City Treasurer, and City Wa- ter Department for the month of August, 1933, also a list of claims and list of payrolls for which war- rants were drawn during the month of August, 1938. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the reports be received and placed on file. Seconded by Coun- cilman Thompson. Carried by the following vote; Yeas-Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel- man, Wharton. Nays-None. Absent-Mayor Clary. September 2D, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: On September 9, 1938, the City Council viewed the grounds on a number of petitions and requests throughout the city. The situation viewed and the de• cisions of the Council are as fol- lows: 1. Charles Street-Council were favorable to the vacation of Charles Street if the Salo of the city cwned Lot 37 of South Park Hill Add, can be effected. 2. Sabula Street-Council saw no present need of connecting Sa- bnla and Burlington Streets. 3. Millville Road, or West 32nd Streot-Council decided that the low spots be raised with rock fill. 4. Stine Streot-Council agreed that Stine Street and the alley con- necting it with Merz Street be put in passable shape. 5. Valeria Street-Council saw na present need of extending the grading and curbing. 6. Abbott Street Council felt that the cost of extending Abbott Street to Seminary Street would be too high considering the pos- sible benefits and agreed that two (2) blocks of Lowell Street should be reconditioned. 7. St. Ambrose Street-Council found the work already completed as requested. 8 Hazel Street-Council found the work already completed on that part of the street where there are residents. 9. Extension of Platt Street to Cardiff Street -Council decided that the cost would be excessive in relation to possible benefits; Council discussed the passibility of improving the alley first west of Cardiff Street to provide relief to traffic from icy conditions in winter. 10. Alley first west of Grand- view Avenue frmn Perry to Brad- ley-Council suggested that levels be run and a grade established, but could see no way to relieve the condition complained of due to the natural water way at the site. 11. Rush Street-Council agreed that Rush Street be oiled from Holly Street to Apple Street. 12. Southern Avenue-Council found drains from homes empty- ing into the gutters, but felt that some reconditioning be done to gut ters and shoulders of the street. 13. Eighteenth Street at Syca- more Street-Council agreed that holes in the street be filled. Session, September 20th, 1938 218 14. Alley to south of Merz Street, first east of Stafford-Coun• cil found alley impassable and dan• gerous and ordered it barricaded at both ends to prevent accidents. It is my recommendation that the actions of the City Council on September 9, 1938, be approved and confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Wharton moved that the various decisions of the City Council on the above mentioned requests and petitions be approved. Seconded by Councilman Van Duel- man, Carried by the following vote: Yeas-Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel• man, Wharton, Nays--None. Absent-Mayor Clark. September 20,, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of the City Council held September 6, 1938, the petition of the Chi- cago, Milwaukee, St. Paul and Pa- cifie Railroad Company floe yhe vacation of certain streets and al- leys in Railroad Addition and in Wiltse's Dubuque was referred to the Council to view the grounds. On September 9th the Council did so view the grounds aad held a conference with railroad officials on September 16th. T recommend that the petition be submitted to Uhe Planning and Zon- ing Commission for their investiga- tion and report. Respectfully submitted, A. A. RHOMBERG, City Manager: Councilman Thompson move d that the recommendation of City Manager Rhomberg be approved and the petition referred to the Planning and Zoning Commission for their recommendation and re• port. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor ,Pro Tem Murphy, Councilmen Thompson, Van Duel- man, Wharton. Nays-None. Absent-Mayor Clark, September 20, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following policy and bonds and desire to have your approval on same for filing: EXCAVATION Richard J. Burke, 130 West 13th Street; Policy No. 3340, London Guarantee and Accident Co. PERSONAL Esther E. Fritschel, stenograph- er, Water Department; Bond No. 938222-A, American Surety Co, of New York. John Joseplr Hail, Superintend• ent and Cashier, Water Depart ment, Massachusetts Bonding and Insurance Co. Edward M. Tschirgi, Accountan6, Water Department, Massachusetts Bonding and Insurance Co. Otto F, Bethke, Electrical In- spector; Bond No, 98149, Continen- tal Casualty Co. Respectfully summitted, A. A. RHOMBERG, City Manager. Councilman Thompson move d that the bonds and policies be ap- proved and placed on file. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Pro Tem Murphy, Councilmen Thompson, Van Duol• man, Wharton. Nays--None, Absent-Mayor Clark. Resolution No, 96-38, Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette pa- pers within said City, and the Manager is directed to issue such permit on behalf of said City: Name. Address. Morris B, Flick, 6 Eight h Avenue. Charles M. Eichhorn (Eichhorn's Pipe Shop), 1296 Central Avenue. Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted 'and approved this 20th day of September, 1938. GEO. R. MURPHY, Mayor Pra Tem. FRANK VAN DUELMAN, ALBERT WHARTON, F, W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Pro Tem Murphy, 216 Special Session, September 20th, 1938 Councilmen Thompson, Van Duel- man, Wharl,on. Nays-None. Absent-Mayor Clark. Resolution No. 97-38. Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the fol- ]owitig. applications be and the same are hereby approved 'and it is ordered that the premises to be occupied by such applicants shall be forthwith inspected. CLASS "B" PERMIT John A. Armstrong (Renewal), 398 Main Street. Gust Billis (Renewal), 605 Main Street. Alois Weitz (Renewal), 201 East 22nd Street. Fred H. Cooper (Transfer of ad- dress from 399 East 20th Street), 250 West 6th Street. CLASS "C" PERMIT Thos. J. Magee Estate, 755 Cen• tral Avenue. Tenenbom Super-Market, Inc., 630 Locust Street. Passed, adopted and approved this 20th day of September, 1938. GEO. R. MURPHY, Mayor Pro Tem. FRANK VAN DUELMAN, ALBERT WHARTON, F, W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution, Sec- onded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel man, Wharton, Nays-None. Absent-Mayor Clark, Resolution No. 98-38 Whereas,, heretofore applications were filed by the within named ap- plicants for Beer Permits and they received approval of this Council; and Whereas, the premises to be oc- cupied by them have been inspect- ed and found to comply with the ordinances of this City and they have filed a proper bond: Now, therefore, Be it resolved by the Council of the City of Dubuque that the Man- ager be and he is hereby directed to issue to the following named persons a Beer Permit: CLASS "B" PERMIT John A. Armstrong (Renewal), 398 Main Street. Gust Billis (Renewal), 605 Main Street. Alois Weitz (Renewal), 201 East 22nd Street. Fred H. Cooper (Transfer of ad- dress from 399 East 20th Street), 250 West 6th Street, CLASS "C" PERMIT Thos. J. Magee Estate, 756 Cen• tral Avenue. Tenenbom Super-Market, Inc., 630 Lo.cnst Street. Be it~further resolved that the bonds filed by such aplpicants be and the same are hereby approved. Passed, adopted and approved this 20th day of September, 1938. GEO, R. MURPHY„ Mayor Pro Tem. FRANK VAN DUELMAN, ALBERT WHARTON, F, W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption oP the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Pro Tem Murphy, Councilmen Thompson,, Van Duel• man, Wharton. Nays-None. Absent-Mayor Clark. Resolution No. 99-38 Whereas, the City Council of the City of Dubuque is desirous of determining fair .and equitable rates far electrical energy in the said City; and Whereas, in order to make such determination this Council has heretofore directed the City Man alter to leak outside technical as- sistance; and Whereas, the City Manager in furtherance of such purpose has retained the consulting electrical firm of Canavan & Lang, 231 La Salle Street, Chicago, Illinois, to make an inventory and valuation of the property of the Interstate Power Company that is used and useful in supplying the City of Dubuque with electrical energy and to submit a rate structut•e based upon their findings: Now, there- fore, Be it resolved by the City Coun• cil of the City of Dubuque that the action of the City Manager in employing the firm of Canavan & Lang be and it is hereby ap- proved. Session, September 20th, 1938 217 Passed, adopted, and approves this 20th day of September, 1938 GEO. R. MURPHY,, Mayor PTo Tem FRANK VAN DUELMAN ALBERT WHARTON, F. W. THOMPSON, Councilmen. Attest: J, J. SHEA, City Clork. Councilman Wharton moved the adoption of the resolution. Second ed by Councilman Thompson. Car ried by the fallowing vote: Yeas-Mayor Pro Tem Murphy Councilmen Thompson„ Van Duel man, Wharton. Nays-None. Absont-Mayor Clark. Resolution Na. 1110-30 Whereas, the Planning and Zon ing Commission of the City of Du• buque has recommended to the City Council that the zoning map of the City of Dubuque be amend- ed and changed in the fallowing respects: By changing from "Two Family Residence District" to "Local Bus• ~iaess I+)istrict," all of the lots, lands or parcels of real estate ]y ing tivithin a.n area bounded on the South by the center line of Jef- ferson Street; on the West, by the east property line of Walnut street; on the North, by the cen- ter line of the alley between Jef- ferson Street and West Eleventh Street; and on the East, by the easterly property line of Lot Six- teen (16) of part of Farley's Sub- division to the City of Dubuque, Iowa, according to the recorded plat thereof, said area comprising al] of Lots Fifteen (15) and Six- teen (16} of part of Farley's Sub• division to the City of Dubuque; and, Whereas, before said zoning map can be thus amended and changed, it is necessary that a public hear- ing be held thereon; Now, therefore, Be it resolved by the City Coun- cil of the City of Dubuquo, that said recommendation of the Plan- ning and Zoning Commission, and the same is hereby approved, and the City Clerk is hereby directed to cause to be published in the official publication in the City of Dubuque, a notice of a public hear- ing to be held- by this Council up• on the proposed changes and amendments, the data of said meet- ing and hearing being hereby fix• ed at 7:30 o'cloclt, P. M., on Oc- tober 7th, 1938, and to be held in the Council Chamber at the City Hall in the City of Dubuque, said notice to be published at least fif• teen (15) days before the date of said meeting; at which time all parties in interest, and citizens shall have an opportunity to be heard. Passed, adapted and approved this 20th day cf September, 1938. GEO. R. MURPHY, FRANK VAN DU rELMAN, ALBERT WHARTON, F. W, THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Pro Tem Murphy, Councilmen Thompson,, Van Duel- man, Wharton. Nays-None, Absent-Mayor C1er1C. September 10, 1938 Honorable Mayor and City Council, Dubuque, Iowa. RE: CLAIM OF DONALD BIRCH Gentlemen: Prior to the time I assumed the office of City Solicitor, there was referred to the City Solicitor by the City Council, the claim of Don- ald Birch, 2478 Pinard Street, in the sum of Seventy-five o,nd no-100 ($75A0) Dollars, for injuries sus- tained by him in a fall upon an icy sidewalk on East 25th Street, on the 4th day of February, 1938. Beg to report that I have com- pleted investigation of this claim and of the facts and circumstances surrounding this accident, and from all of the evidence adduced, I find no liability on the part of the City of Dubuque, and, therefore, recommend that the claim be dis- allowed, Yours very truly, AL. J. NELSON, City Solicitor. Councilman Thompson moved that the recommendation of City Solicitor Nelson be approved. Sec- onded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel- man, Wharton. Nays-None. Absent-Mayor Clark. September 20, 1938 Honorable Mayor and City Council, Dubuque, Iowa. RECLAIM OF WILLIAM RILEY Gentlemen: On May 2, 1938, there was re- b!! 'ill j., ~~'~I id III II l i Fill. ~~ I ~,,~,~. l ~'I11 '! it l lh^~ i l~ I~! ~I!' ~';!~ i I!II~ ''~I hJk i~ , ~~~~~ l i~~~, ~,I ql I'', ,!f 9'il {.,~, 4'~ 218 Special Session, September 20th, 1938 ferred to me for investigation and report the claim of William Riley, 1068 Iowa Street, Dubuque, Iowa, for damages on account of injuries sustained by him as the result of his slipping upon ice on sidewalk in front of Na. 753 Hill Street in the City of Dubuque, on March 5, 1938, said claim alleging said in- juries were due to the rough and uneven condition of said sidewalk covered with ice caused by the up- heaval of said sidewalk by the roots of a tree growing between said sidewalk and curbing and due to the defective condition of said walk. I have completed investigation of this claim and find that the sur- face of the sidewalk vas raised by the roots of a tree growing in a small space between the sidewalk and the curbing causing a very slight sloping in the surface of the sidewalk, which, on the morning of the accident, was covered with ice. The condition of the sidewalk caused by this tree is such, that it might be classed as a culpable dry feet,, and, after making complete investigation of this matter I re- spectfully recommend that the claim be allowed in he sum of Thirty-five and no-100 ($35.00) Dol- lars, and that a warrant payable to William Riley be drawn in the sum of Thirty-five and no-100 ($35.00) Dollars, and delivered to him upon execution by him of the enclosed receipt and release. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Van Duelman moved that the recommendation of City Solicitor Nelson be approved and that a warrant in the amount of $35.00 be ordered drawn in favor of William Riley as payment in full of his personal injury claim and that said wart~,nt be delivered to William Riley upon execution by him of the enclosed receipt and release. Seconded by Councilman Wharton. Carried by the follow- ing vote: Yeas-Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel- man, Wharton. Nays-None, Absent-Mayor Clark. September 20, 1938 Honorable Mayor and City Council, Dubuque, Iowa. RE: CLAIM OF MRS. BARBARA KARTMAN Gentlemen: On June 6, 1938, there was re- ferred to me for investigation and report, the claim of Mrs. Barbara Kartman, for damages on account of injuries sustained by her on April 27, 1938, alleged to have been caused by defect in West Third Street just East of Hill Street, The claim filed alleges that an auto- mobile in `vhich claimant was rid- ing ran into one or two holes in the street, and that in so doing claim- ant was thrown against the inside of the top of the car in which she was riding, and hereafter against the edge of the seat upon which she was riding, causing injuries to her silo, back and spine, and the crushing of a vertebrae of the spine. I have completed investigation of this claim and find that at the time of this accident there were two defects in West Third Street, consisting of two holes close to each other, one about two feet (2 ft.) in diameter, and the other about a foot (ft.) in diameter, each of these holes being in the neigh- borhood of two inches (2 in.) in depth. A picture, of these holes taken a few days after the acci- dent is attached hereto. In view of the fact that the holes in this street might possibly be considered as culpable defects, I respectfully recommend that the claim be allowed in the sum of One Hundred Thirty-five and no-100 ($135.00) Do]]ars, and that a war- rant payable to Mrs. Barbara Kart- man be drawn in the sum of One Hundred Thirty-five and no-100 ($135.00) Dollars, and delivered to her upon the execution by her of the enclosed receipt and release. Respectfully submitted, AL, J. NELSON, City Solicitor. Councilman Thompson moved that the recommendation of City Solicitor Nelson be approved and that a warrant in the amount of $135.00 be ordered drawn in favor of Mrs. Barbara Kartman as pay- ment in full of her personal injury claim and that said tivarrant be de• livered to Mrs. Barbara Kartman upon execution by her of the en- closed receipt and release. Second- ed by Connci]man Wharton, Car- ried by the following vote: Yeas-Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel- man, Wharton. Nays~None. Absent-Mayor Clark. The following decisions of the City Council relative to various tax petitions requesting suspension of taxes presented far Council ap- proval: Petition of Peter Haupert Special Session, September 20th, 1938 219 requesting suspension of the 1937 taxes on Lots 3, 4 and 5 in Buse- man and Eberle's Sub., request granted; Petition of Mrs, Margaret Hogan requesting suspension of the 1937 taxes on the North r/z of City Lot 32G, request granted; Peti- tion of Anne T. Spensley, Agent, Mary Alice Weir, Anne T, Spens- ley and Maria R, Spensley request- ing suspension of the 1936 and 1937 taxes on Lot 2 of 1 of 1 of 11Siueral Lot 139, request for suspension of 1936 taxes denied out of the juris- diction of the City Council, request for suspension of the 1937 taxes granted; Mrs. John Badger request- ing suspension of the 1937 taxes on the Northeast 24 feet of West 24 feet 8 inches of East 134 feet of Lot 10 of Fengler's Addition, re- quest granted; Petition of Lillian L. Hargus requesting suspension of the 1937 taxes on Lot 1 of the Sub. of Lot 1 of City Lot 667, request granted; Petition of Mrs. Anna Baesen requesting suspension of the 1937 taxes on the South 15 feet 2 inches of Lot 255 and all of Lot 256 of East Dubuque Addition, re- quest granted. Councilman Wharton moved that the decisions of the City Council on the various tax petitions be ap- proved and that the Board of Sup- ervisors be notified of the action of the City Council, Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel- man, Wharton, Nays-None, Absent-Mayor Clark. Councilman Wharton moved that City Manager A. A, Rhomberg be authorized and directed to attend the Annual Conference of the Inter- national City Managers' Associa- tion to be held at Boston, Mass., during the week of September 26th, 1938. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel- man, Wharton, Nays-None. Absent-Mayor Clark, Councilman Wharton moved that City Clerk J. J. Shea be appointed Acting City Manager during the absence of City Manager Rhom- berg. Seconded by Councilman Thompson, Carried by the follow- ing vote: Yeas-Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel- man, Wharton, Nays-None, Absent-Mayor Clark, There being no further business Councilman Van Duelman moved to adjourn, Seconded by Council- man Wharton. Carried by the fol- lowing vote: Yeas-Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel- man, Wharton, Nays-None. Absent-Mayor Clark, J. J. SHEA, City Clerk. Approved ..................................1938. Adopted ......................................1938 Attest :................................................ City Clerk. 220 Special Session; September 23rd, 1938 City Council (Official) Special Session, September 23rd., 1938, Council met at 8:05 p.m. Present-Mayor Clark, Council- men Murphy, Thompson, Van Duel- man, Wharton, City Manager Rhomberg. Meeting called by order of Coun- cilmen Wharton and Van Duelman. Mayor Clark read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of con- sidering for adoption Resolution No. 101-38, Resolution and appli- cation for permanent tt+a,nsfer of $7,355.66 from the Emergency Fund to the General Fund and acting on any other business as may properly come before a regular meeting of the City Council. Original Notice of Suit of Leona Kies in the sum of $5,000.00 for injuries sustained in falling on an accumulation of ice on the cross• walk at the Alley on the north side of Seventh Street between Locust Street and Bluff Street, presented and read, Councilman Van Duelman moved to refer the Original Notice of Suit to the City Solicitot•. Seconded by Councilman •What•ton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, Original Notice of Suit of Elsid Beresford in the sum of $400.00 for injuries received in a fall on an icy sidewalk at 1672 Central Ave- nue, presented and read. Councilman Van Duelman moved to refer the Original Notice of Suit to the City Solicitor. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, GVharton, Nays-None. Communication of Murphy Insur- ance Agency requesting a letter authorizing the cancellation of lia- bility on the excavation bond of W. J. Jot•dan as of September 24th, 1938, presented and read, Councilman Van Duelman moved that the request be gt•anted. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman,, Wharton, Nays-None. Petition of Republican County Central Committee requesting per- mission to string a banner across Main Street, presented and read. Councilman Van Duelman moved that the request be granted. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of Daniel E, Daly re• questing that the Class "B" beer permit appearing in the name pf Dan. E, Daly, 678 Central Avenue, be changed to Dan. E. Daly and P. J. Ferring, 678 Central Avenue, presented and read. Councilman Thompson moved that the request be granted. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, Petition of Christina and Mary Ludowisy requesting permission to redeem the tax sale certificate held by the City of Dubuque against the south part of Lot 136 in Union Addition upon the payment of the face value of the certificate in the amount of $15.93, presented and read. Councilman Murphy moved that Christina and Mary Ludowisy be granted permission to redeem the tax sale certificate held by the City of Dubuque against the south part of Lot 136 in Union Addition upon payment of the face value of the certificate in the amount of $15,93 plus 5% interest per annum and advet•tising costs the balance of interest and penalties to be waived. Seconded by Councilman Wharton. Carried by the following vote: Yeas-11layor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays--None, Petition of Wesley B. Reynolds, by E, J. Murray, Agenc, owner of the north 23 feet of City Lot 8, requesting permission to erect the necessary stairway and platform as a means of approach to an en- trance to the main floor only on the Third Street side of the build- ing, presented and read. Councilman Van Duelman moved to refer the petition to the City Solicitor for investigation and re- port as to the legality of the con• structien of said platform, Second- ed by Councilman Wharton, Car• ried by the fallowing vote; Yeas-Mayor Clark, Councilmen Special Session, September 23rd, 1938 221 Murphy, Thompson, Van Duelman, Wharton. Nays-None, Petition of T. E. Rhomberg, A, W. Klauer, J. Anthony Rhomberg, Agents, by J. Anthony Rhomberg, protesting and objecting to the granting of the petition of the Trustees of the Property of the Chicago, Milwaukee, St, Paul, and Pacific Railroad Company request- ing the vacation of certain streets and alleys, to the extent that it includes the vacation of 19th Street from Lynn Street to Marsh Street, Hickory Street between 19th Street and 20th Street and 20th Street be• tween Hickory Street and Brook Street, presented and read. Councilman Murphy moved to refer the petition to the City Coun- cil, Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None. September 23, 1938. Honorable Mayor and City Council, City of Dubuque, Iotiva. Gentlemen: With reference to the attached petition of the Receivers of the Chicago, Milwaukee, St. Paul and Pacific Railroad, asking vacation of certain streets and alleys east of their present shops. property, the Planning and Zoning Commis- sion recommends to your honor- able body that the petition be granted on such terms as the City Council thinks proper, with special reference to the protection of City interests in the development of river industrial property in con- formity with the Master Plan of the City of Dubuque, Respectfully submitted, R. V. McI{AY, Secretary, Dubuque Planning and Zoning Commission. Councilman Thompson moved to refer the communication of the Planning and Zoning Commission to the City Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, Report of the Board of Health for the month of August, 1935, pt•e- sented. Councilman Murphy moved that the report of the Boat•d of Health for the month of August, 1938, be received and placed on file. Sec- onded by Councilman Thompson, Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, September 23, 1938, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; Mr. Robet•t Miller has submitted an offer of $75,00 for city owned Lot 37 of South Pat•k Hill Add. and for that part of Charles Street, if vacated, from Broadway to the alley first West, I, therefore, recommend that Charles Street be vacated from Broadway to the east line of the alley between Broadway and Mus- catine Streets and also from the west line of said alley to Muscfl- tine Street. If such vacation is made, I further recommend that the offer of Mr, Miller be accepted and the transfer of property be made to him by the City, Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Wharton moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None. Mr. Nick Grommersch addressed the Council objecting to the pro- posed vacation of Charles Street and also to the sale of Lot 37 South Park Hill Addition and the pro- posed vacated portion of Charles Street for the sum of $75.00 and stating that he would submit a bet- ter offer for the Aurchase of Lot 37 South Park Hill Addition and the proposed vacated portion of Charles Street. Councilman Wharton moved to refer the communication of City Manager Rhomberg to the City Council. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Resolution No, 101-38 RESOLUTION AND APPLICA- TION FOR PERMANENT TRANSFER OF FUNDS. 222 Special Session, September 23rd, 1938 Whereas, an emergency tax levy was made by the City Council of the City of Dubuque for use during the fiscal year beginning April 1, 1938, and ending March 31, 1939, upon authority of the State Comp- troller; and Whereas, the City Treasurer of said city has on hand the sum of $7,355.66 in the Emergency Fund acid the sum of $323.35 in the Gen- eral Fund; and Whereas, an emergency exists due to the payment of General Fund Warrants issued far the con- struction of the Swimming Poo] in the fiscal year 1936-1937, and in order to pay such warrants it is necessary to transfer $7,355.66 from the Emergency Fund to the Genera] Fund; and Whereas, before such transfer can be made it is necessary to se- cure the approval of the State Comptroller: Now, Therefore, Be it resolved by the City Coun- cil of the City of Dubuque, subject to the approval of the State Comp- troller, that there be and there is hereby permanently transferred from the Emergency Fund to the 'General Fund, the sum of $7,355.b6 and the State Comptroller is here- by petitioned to authorize and ap- prove such transfer~ Be it further resolved that, upon the approval of such transfer, the Auditor of the City of Dubuque is directed to adjust his books accord- ingly and notify the Treasurer of such transfer, and such notifica- tion shall be accompanied by a copy of this resolution and the record of its adoption, Passed, adopted and approved by the unanimous action of the City Council this 23rd day of Septem- ber, 1938. CARL A. CLARK, Mayor, FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. 1)IURPHY, F. W, THOMPSON, Councilmen. Attest: J. J• SHEA, City Clerk• Councilman Murphy moved the adoption of the resolution, Sec- onded by Councilman Thompson. Carried by the fallowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Resolution No, 102-38 Whereas, application for "B" Beer Permits have been submitted to this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the following applications be and the same are hereby approved and it is ordered that the premises to be occupied by such applicants shall be forthwith inspected. CLASS "B" PERMIT Joseph W. Hanten (renewal), 2220 Delhi Street. Arthur Norton (transfer of ad• dress from 336 Main), 1447 Central Avenue. Passed, adopted and approved this 23rd day of September, 1938. CARL A. CLARK, Mayor, FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R• MURPHY, F. W THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution, Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas-Mayor Clark, Councihnen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Resolution No. 103-38 Whereas, heretofore applications were filed by the within named applicants for "B" Beer Permits and they received the approval of this Coutrcil; and Whereas,, the premises to be oc- cupied by them have been inspect- ed and found to comply with the ordinances of this City and they have filed a proper bond: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Manager be and he is hereby directed to issue to the fo]lowing named persons a Beer Permit. CLASS "B" PERMIT Joseph W. Hanten (renewal), 2220 Delhi Street, Arthur Norton (transfer of ad- dress from 336 Main), 1447 Central Avenue. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 23rd day of September, 1938• CARL A, CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk, Special Session, September 23rd, 1938 223 Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Van Duel- man. Carried by the fallowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, Resolution No, 104-^38 Whereas,, the City of Dubuque lras heretofore made application to the Federal Emergency Adminis- tration of Public Works for a grant of $G7,500.00 to aid in financing Water Works Improvements at a total estimated cost of $160,000.00, said project being lrnown as Iowa Docket No. 1684, and Whereas, the Federal Emergency Adtninistration of Public Works requires a certified scale of the minimum wages to be paid to the various classifications of labor en- ~gaged on this project; Now, There- fore, Be It Resolved by the City Coun- cil of the City of Dubuque that the following- rates of pay for the var- ious classificatious of labor listed hereto be and the same are hereby adopted as the minimum rates to be paid on the Construction of Im- provements to the Water Works System, otherwise known as Iowa Docket No, 1684. Trade Wage rate or (On hourly Occupation basis) (a) Unskilled Common Labor ............. $ .50 Teamster .....••..•.••..•... .60 Track Operator (11/2 ton or less) ..........••......... .60 Laborer top main or in trench pipe work ..... • ... .50 ~ (b) Semi skilled Air hammer operator ...•.•. .60 Back filler operator ......•.. .60 Blacksmith helper • .. , , ... • . .57 Blade grader operator .•....• .60 Bottom man •..••.•..•...... .50 Bracer ..••........•....•. .50 Concrete Mixer Operator (2 bag or less) ......•...•.•. 125 Electrician helper ..... • .50 to .80 Fireman .....•..•••......... .50 Glazier helper ..,.•......... .50 Grinder Operator (concrete) ,60 Hod Carrier ....••.......... .80 Hoist Operator (one active drum) .............•.•.... 1.00 Kettleman (bitumunus or lead) .•....•.• ............ .50 Ironworker Helper (rod work only) ..........••.••...... .50 Machine erector helper ....•. .50 Mortar Maker ............•. .85 Oiler and greaser ..•........ .60 Pipe derrick man (hand operated) ................ .50 Pipe layer tender •....•....• .60 Plumber helper • ............ .50 Proportional plant operator .. .50 Pump operator ...•..,....,.. .50. Rock driller . .... . .... . .. . . . .50 Roofer helper ..• ............ .50 Scaffold builder ... . . . .. . .... 1.1j0 Sheet metal worker helper ... .57 Steam fitter helper , . , , , , , , , ,50 Tractor Operator .•........ , , 1.25 Truck Operator (over 11/2 tons) .•....•.•..,.•.....•. .75 Well Driller Helper • .... • ... .66 Concrete finisher .•......... .76 (c) Skilled Blacksmith ..•.•.•...•.•.... .85 Bricklayer ...........•.... 1 .371/2 Carpenter ...•.....•........ 1.00 Caulker-liquid joint and yarner ........................................ 1.10 Cement finisher-floors ...... .75 Dynamite and blaster man,.. ,75 Electrician ................. 1.00 Glazier .•...•.•.:. ...•. ,921/z Ironworker-welder, burner and cutter .• ...• ........ 1.00 ll•onworker-rod and rein- forcing ........,•......... .60 Ironworker-machinery, mover and rigger .•~..••... .75 Ironworker-steel, the and metal forms .............. .60 Mason ..•.•....•....•....• 1. 371/2 Painter ......••..•.....•.. . 92x/2 Pipe Layer ................. 1.10 Plumber ..•.....,...•......, 1.10 Roofer ...............•..•.. .75 Sheet Metal worker , ... , .... .90 Steam fitter .•. ,,.,..,..., 1.10 Operators or engine man for- Compressor .. , ...... • .. • , • 1,25 Clamshell . • .............. 1.25 Concrete mixer (larger than 2 bag) .....•.•.......•.. 125 Derrick .....••.•..•....,., 1.26 Dragline ..•...•...•.•...,• 1.25 Power Shovel •..•......... 1.25 Trench Machine ..•....... 1.25 Well Driller •.,.•.•.••.... 1.25 Plasters ••..•..•..•....•.. 125 Tile Layers . • ...... • .... 1. 371/z Tile setters ,,...•......... 1.25 Tile Helpers .•..•......... 1.00 In case it becomes necessary for the Contractor or any subcon trac- tor to employ on the project u nder this contract any person or trade or occupation for which no mini- mum wage rate is herein specified, the contractor shall immediately notify the owner who will prompt- ly thereafter furnish the contractor with the minimum rate. The mini- mum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the 224 Special Session, persons affected and during the continuance of such employment. Passed, adopted and approved this 23rd day of September, 1938. CARL A, CLARK, Mayor, FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R, MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, • City Clerk, Councilman Murphy moved the adoption of the resolution, Second- ed by Councilman Van Duelman. Carried by the fallowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Councilman Thompson moved that the Judges and Clerks who served at the General Municipal Election be appointed to act at the Special Election to beheld on Octo- ber 6th, 1938, in accordance with Section 737, Chapter 40, of the Cade of Iowa 1935, with the excep- tion of Ray O'Brien, Judge of the Seventh Precinct, who has trans- ferred from said Precinct and that Al. Bitzberger be named as Judge of Election in the Seventh Pre- cinct to fill the vacancy. Seconded by Councilman Van Duelman, Car- ried by the fallowing vote: Yeas-Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. Nays-Councilman Murphy. The following decisions of the City Council relative to various tax petitions requeating cancellation and suspension taxes presented for approval: Petition of Della C. Thul requesting cancellation of the 1937 taxes on the South 2 ft. 6 in. of Lot 2 and all of Lot 3 of Klein- schmidt's Sub., request granted; Petition of Ray Denzler requesting suspension of the 1937 taxes on Lot 141 Burden and Lawther's Ad- dition, request granted; Petition of Mrs, Martha Wilson requesting suspension of the 1937 taxes on Lot 7 of Sub, of City Lot 730 and Lot 1 of Union Add., request granted; Petition of Miss Julia Clark re- questing suapensian of the 1937 taxes on Lots 3 and 4 Sub. Out Lot OS2, request granted; Petition of George ,Hendricks requesting sus- pension of the 1937 taxes on Lot 1 of Sub. 1 of 1 of E. ~ of Lot 40 of Kelly .Sub,, Und, 1.5 of E. 9 ft. of 2 of 1 of E. 1/Z of Lot 40 Kelly Sub., Und, 1-5 of W. 29 ft, of E, 9 ft, of 2 of 1 of E. 1/Z of Lot 41 Kelly Sub., Und, 1-5 of N, 9 ft, of E. 100 ft. of 2 of 1 of E. r/s of Lot 41 Kelly Sub., ber 23rd, 1938 request granted; Petition of Joseph Bitterly requesting suspension of the 1937 taxes on Lot 44 of Staf- ford Add., request granted; Peti• tion of Mrs, Catherine Lundbeck requesting suspension of the 1937 taxes on Lot 11 of Cox Add, and Lot 242 of Wood4awo Park Add., request granted; Petition of Louisa Scharff requesting suspension of the 1937 taxes on Lots 34 and 35 in Belmont Addition, request granted. Councilman Murphy moved that the decisions of the City Council on the various tax petitions be ap• proved and that the Board of Sup• ervisors be notified of the action of the City Council. Seconded by Councilman Thompson. Carried by the following vote: Yeas-illayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, There being no further business Councilman Van Duelman moved to adjourn. Seconded by Council- man Thompson, Carried by the fallowing vote: Yeas-Mayor Clark, Councilmen Murphv, Thompson, Van Duelman, Wharton. Nays-None. J, J. SHEA, City Clerk Approved ..................................1938, Adopted ....................................1935. Councilmen: ~ ...................................... ...................................... Attest :................................................ City Clerk. Regular Session, October 3rd, 1938. 225 City Council (Official) Regular Session, October 3rd, 1938. Council met at 7:55 P. M. Present-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, City Manger Rhomberg. Mayor Clark stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Resolution No, 101-38. R$SOLUTION AND AFPLICA- TION FOR P$RMANi•NT TRANSFI•R OF FUNDS Whereas, an emergency tax lgvy was made by the City Council of the City of Dubuque for use during the fiscal year beginning Apri( 1, 1938, and ending March 31, 1939, upon authority of the State Comptroller; and Whereas, the City Treasurer of said city has on haul the sum of $7,3SS.66 in the $mergency Fund and the sum of $323.35 iu the General Fund; and Whereas, an emergency exists due to the payment of General Fund Warrants issued for the construction of the Swimming Pool in the fiscal year 1936- 1937, and in order to pay such warrants it is necessary to transfer $7,3SS.66 from the $mergency Fund to the Gen- eral Fund; and Whereas, before such transfer can be made it is necessary to secure the ap- proval of the State 'Comptroller; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, subject to the approval of the State Comptroller, that there be and there is hereby perma- nently transferred from the $mergency Fund to the General Fund, the sum of $7,355.66 and the State Comptroller is hereby petitioned to authorize and ap- prove such transfer. Be it further resolved that, upon the approval of such transfer, the Auditor of the City of Dubuque is directed to adjust his books accordingly and notify the Treasurer of such transfer, and such notification shall be accompanied by a copy of this resolution and the record of its adoption. Passed, adopted and approved by the unanimous action of the City Coun- cil this 23rd day of September, 1938. CARL A. 'CLARK, Mayor. FRANK VAN DU)aLMAN, ALBHRT WHARTON, G);O. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Approval, The above application and resolution having been filed with the State Comp- troller, the transfer requested is ap- proved September 26th, 1938, C. B. MURTAGH, State Comptroller, Councilman Thompson moved that the approval of C. B. Murtagh, State Comptroller, be made a matter of rec- ord. Seconded by Councilman Murphy. Carried by the following vote: Yeas- Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None. Councilman Wharton moved that the rules be suspended for the purpose of allowing any one present in the Coun- cil Chamber, who wishes to do so, to address the Council. Seconded by Councilman Van Duelman. Carried by the folio~a~ing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None, Mr. Peter H. McCarthy addressed the Council relative to the Special $lection to be held October 6th, 1938, in which a bond issue of $230,O10.OD will be vot- ed upon and suggesting that publicity be given on this bond issue to the voters to the extent that the City may be required to build a Sewage Disposal Plant and extend both the water mains and sewer mains and that with the is- sue of $230,010.00 bonds fora Memo- rial Building that the City will be close to their legal bonded indebtedness. October 3, 1938. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Paragraph 17, Section 6669 of the 1935 Code of Iowa provides as follows: "The City Manager shall keep the Council fully advised of the financial and other conditions of the city or town, and of its future needs:' Ac- cordingly I am submitting the follow- ing iuforntation iu connection with the special election of October 6th on the question: "Shall the 'City of Dubuque, Dubuque County, Iowa, issue Bonds in the sum of $230,010.00 to cover the ex- pense of the erecting and equipping of a Memorial Building under the provi- sions of Chapter 33 of the Code of Iowa of 1935 and amendments thereto?" First. As yet no assurance has been received that a grant will be made by the Federal )emergency Administration of Public Works on the application filed September 9th. This leads to the gyes- tion as to the outcome if a favorable vote results at the election and no grant be forthcoming. Second, The regional counsel of the P. W. A. at Omaha has informed me that the Federal Government does not participate in purchasing sites beyond 1S°fo of the total cost of the project. Since the site in the instant case. will